DELHI TRANSPOT CORPORATION Vs. PARMANAND

JUDGEMENT

(1.) The petitioner (DTC) by way of this writ petition has sought to assail the award dated 7 th October, 2004 passed by Labour Court in I.D. No. 144/98 whereby the respondent-workman, who was employed as a conductor with DTC and was removed from service by the management for his having committed an act of misconduct, was ordered to be re-instated in service with full back wages and other consequential benefits.

(2.) The facts which led to the filing of this petition may briefly be set out. The respondent had joined the petitioner-DTC on 7 th October, 1982 as a conductor. On 2 nd June, 1995 the respondent was chargesheeted on the allegations that on 13 th November, 1994 while he was performing his duty on DTC bus going from Delhi to Bewar checking was conducted by the DTC staff at Khurja and they found that four passengers were travelling in the bus without tickets and the respondent had not issued them tickets even after collecting money from them. He filed his reply to the charge-sheet and refuted those allegations. Enquiry was then initiated against the respondent but the enquiry officer exonerated him of the charges levelled against him. However, the Disciplinary Authority disagreed with the Enquiry Officer issued show cause notice to the respondent calling upon him as to why he be not removed from service. The respondent submitted his reply dated 15 th June, 1995. Not satisfied with the reply of the respondent-workman, the Disciplinary Authority ordered his removal from service on 15 th June, 1995 itself.

(3.) Feeling aggrieved, the respondent raised an industrial dispute which in due course came to be referred to the Labour Court.